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	<title>
	Comments on: &#8220;One nation, under too many laws&#8221;	</title>
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	<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 17 Dec 2010 22:02:40 +0000</lastBuildDate>
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		<title>
		By: Judicial Hellholes Kill Jobs and Redistribute Wealth&#160;&#124;&#160;OpenMarket.org		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110856</link>

		<dc:creator><![CDATA[Judicial Hellholes Kill Jobs and Redistribute Wealth&#160;&#124;&#160;OpenMarket.org]]></dc:creator>
		<pubDate>Fri, 17 Dec 2010 22:02:40 +0000</pubDate>
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					<description><![CDATA[[...] phenomenon fueling judicial hellholes is the vast amount of government red tape and new laws constantly being generated, which judicial hellholes turn into a basis for more lawsuits even when [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] phenomenon fueling judicial hellholes is the vast amount of government red tape and new laws constantly being generated, which judicial hellholes turn into a basis for more lawsuits even when [&#8230;]</p>
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		<title>
		By: John A		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110461</link>

		<dc:creator><![CDATA[John A]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 19:30:55 +0000</pubDate>
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					<description><![CDATA[gumby, that is not a bug but a feature. 
 
I do think almost every law should have a &quot;sunset&quot; clause of ten-fifteen years, and cannot in truth think of an exception. Murder may not be a good exmple, laws involving various forms of homicide are reviewed even more often than a &quot;sunset&quot; provision would provide. largely because they get fairly heavily publicised. In doing some research on an unrekated topic a few years ago, I came to realise that in my State the law against women sitting in a bar (passed circa 1912) was still in effect! 
 
Another example which actually does show up in the news regularly today would be marijuana. While I probably would not support complete legalization, it should certainly be moved from the compete-ban section of Federal law to one of the regulated sections. The complete ban is on the basis of being &quot;of no medical use&quot; which may have been true in the early 1950s, but derivatives are now in regular use in medicine while at the same time traditionalist sailors cannot import hemp[en] ropes/lines from Canada.]]></description>
			<content:encoded><![CDATA[<p>gumby, that is not a bug but a feature. </p>
<p>I do think almost every law should have a &#8220;sunset&#8221; clause of ten-fifteen years, and cannot in truth think of an exception. Murder may not be a good exmple, laws involving various forms of homicide are reviewed even more often than a &#8220;sunset&#8221; provision would provide. largely because they get fairly heavily publicised. In doing some research on an unrekated topic a few years ago, I came to realise that in my State the law against women sitting in a bar (passed circa 1912) was still in effect! </p>
<p>Another example which actually does show up in the news regularly today would be marijuana. While I probably would not support complete legalization, it should certainly be moved from the compete-ban section of Federal law to one of the regulated sections. The complete ban is on the basis of being &#8220;of no medical use&#8221; which may have been true in the early 1950s, but derivatives are now in regular use in medicine while at the same time traditionalist sailors cannot import hemp[en] ropes/lines from Canada.</p>
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		<title>
		By: gumby		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110437</link>

		<dc:creator><![CDATA[gumby]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 18:06:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20615#comment-110437</guid>

					<description><![CDATA[Talk about a recipe for legislative paralysis.]]></description>
			<content:encoded><![CDATA[<p>Talk about a recipe for legislative paralysis.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110435</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 18:01:46 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20615#comment-110435</guid>

					<description><![CDATA[My concern is not that some legislator would hold up re-enactment of something like the law against murder but rather that the legislature would simply not get around to it in time. If I recall correctly, due to a combination of court decisions on the death penalty and the ineptness of the legislature, California for a time had a ridiculously low maximum penalty for murder (8 years, I think).]]></description>
			<content:encoded><![CDATA[<p>My concern is not that some legislator would hold up re-enactment of something like the law against murder but rather that the legislature would simply not get around to it in time. If I recall correctly, due to a combination of court decisions on the death penalty and the ineptness of the legislature, California for a time had a ridiculously low maximum penalty for murder (8 years, I think).</p>
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		<title>
		By: Chris		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110416</link>

		<dc:creator><![CDATA[Chris]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 15:18:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20615#comment-110416</guid>

					<description><![CDATA[@Bill Poser, maybe criminal laws should be exempted?  In either case, I doubt a legislator would hold up reenacting a clear law like murder though and that the danger is much more in living intact poorly performing laws.  I agree with the sentiment of the piece.  So many legal regimes continue solely because of inertia, even though knowing what we know today about how X law works, we would never pass it if we had the choice to do it over.   I mean does anyone really believe that antitrust is a good legal system?]]></description>
			<content:encoded><![CDATA[<p>@Bill Poser, maybe criminal laws should be exempted?  In either case, I doubt a legislator would hold up reenacting a clear law like murder though and that the danger is much more in living intact poorly performing laws.  I agree with the sentiment of the piece.  So many legal regimes continue solely because of inertia, even though knowing what we know today about how X law works, we would never pass it if we had the choice to do it over.   I mean does anyone really believe that antitrust is a good legal system?</p>
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		<title>
		By: bradley13		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110414</link>

		<dc:creator><![CDATA[bradley13]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 14:59:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20615#comment-110414</guid>

					<description><![CDATA[I disagree. If you leave a loophole, the legislatures will shove elephants through it. Not only should all laws have a sunset date, it should also be impossible to do any sort of mass renewal.

Even fundamental laws needs a review and refresh once in a while. The sunset provisions would enforce this.]]></description>
			<content:encoded><![CDATA[<p>I disagree. If you leave a loophole, the legislatures will shove elephants through it. Not only should all laws have a sunset date, it should also be impossible to do any sort of mass renewal.</p>
<p>Even fundamental laws needs a review and refresh once in a while. The sunset provisions would enforce this.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2010/12/one-nation-under-too-many-laws/comment-page-1/#comment-110351</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Tue, 14 Dec 2010 04:44:05 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=20615#comment-110351</guid>

					<description><![CDATA[There is a danger to automatic sunsetting, namely that the legislature will neglect to renew legislation that should be renewed, such as the laws against murder. It might be wise to have a core of laws not subject to sunsetting.]]></description>
			<content:encoded><![CDATA[<p>There is a danger to automatic sunsetting, namely that the legislature will neglect to renew legislation that should be renewed, such as the laws against murder. It might be wise to have a core of laws not subject to sunsetting.</p>
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